Ron also asked:  And to further the rights of a shoulder-traveling cyclist, a vehicle in the oncoming lane of a two-lane road should not overtake another vehicle in the oncoming lane if there is bicycle traffic in the opposite direction if that cycling traffic is in the zone required to effect the pass. Even if the cyclist is on the shoulder, correct?

I have encountered such a situation on a State Road, and it gives one cause for serious concern!

Answer

The law prohibits passing if a vehicle (bicycle) in the roadway is approaching from the opposite direction in a two-lane roadway, and the overtaking driver cannot return to the original lane in a timely manner.

FS 316.082 – Passing Vehicles Proceeding in Opposite Directions

(2) Upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway, as nearly as possible.

A bicycle on the paved shoulder is not in the main-traveled portion of the roadway.

FS 316.085 – Limitations on Overtaking, Passing, Changing Lanes and Changing Course

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless …. such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken.  …. in the event  the passing movement involves the use of a lane authorized for vehicles approaching in the opposite direction, before coming within 200 feet of any approaching vehicle.

The operative phrase is “use of the lane authorized for vehicles approaching from the opposite direction”.  The lane is part of the main-traveled portion of the roadway.  The shoulder is not.

Some might argue that the overtaking driver is “interfering with the operation of any vehicle approaching from the opposite direction”, but how far off the roadway would the bicyclist need to be to clearly not be “interfered with”?  How close to the centerline can a vehicle be when approaching another vehicle in the opposing lane?  There is no precise measured distance.

A driver may not overtake and pass another vehicle if a bicyclist is closely approaching from the opposite direction in the roadway, but may do so if the cyclist is not in the roadway.

Tim asked:  It’s clear that if a cyclist is on the roadway they must operate as a vehicle and obey all traffic control devices.  However, if a cyclist is traveling outside of the roadway, on a paved shoulder, is the cyclist required to come to a stop at a stop sign or red light when making a right turn?

Answer

Good question, Tim.   At first, I thought it was simple, but not after getting into it.

First the two applicable statutes:

FS 316.123 – Vehicle Entering Stop or Yield Intersection

(2)(a) …. every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop …. before entering the intersection.

FS 316.075 – Traffic Control Signals

(c) Steady red indication

(1) Vehicular traffic facing a steady red signal shall stop …. before entering the intersection and shall remain standing until a green indication is shown; however:

a.  The driver of a vehicle which is stopped …. in obedience to a steady red signal may make a right turn, but shall yield right-of-way to pedestrians and other traffic ….

The statutes refer to a driver entering or approaching an intersection, and do not indicate whether the vehicle is on the shoulder or in the roadway.

Both statutes give details about where the driver must stop, but they are not applicable to this question.  Both say the driver must stop before entering the intersection.

We need to define “intersection”.  I will use wording of the statute that gives us the most liberal interpretation of the definition.  Some may not agree, but considering that our paramount concern is always safety, I am most comfortable with that approach.

FS 316.003 – Definitions

(17) Intersection

(a) …. the area within which vehicles traveling on different highways …. may come into conflict.

Now we need to define “highway”.

(53) – Street or Highway

(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic ….

To summarize, a bicyclist (driver of a vehicle) riding on the shoulder (entering or approaching an intersection) must stop at a stop sign or red light before entering the intersection.